HomeMy WebLinkAboutDecision 3143 & 3144 922 Route 28TOWN OF YARMOUTH
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BOARD OF APPF.AT
DECISION
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FILED WITH TOWN CLERK:
PETITION NO:
3143 & 3144
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HEARING DATE:
October 13, 1994-
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PETITIONER:
Nickineilo Realty Trust Q Bass
River/
Cn
Marie T. Mitchell
PO Box 2005
Natick MA 01760
PROPERTY: 922
Route 28. Assessor's Map 35 Parcel W3
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•MEMBERS OF THE BOARD PRESENT AND VOTING: Fritz Lindquist, David S. Reid,
Richard Brenner, Richard Neitz, John Richards
!'It appearing that notice of the hearing has been given by sending'notice to
the petitioners and all of those owners of property deemed to be affected
thereby, and to the public by posting notice of the hearing and published in
the Yarmouth Sun, the hearing was opened and held on the date stated above.
The petitioner, Nickinello Realty Trust, was represented -at the hearing.by
Ms. Marie Mitchell. Because of the identity of location and ownership, and
the substantial similarity of the requests, Petitions #3143 and #3144 were
heard together, the Chairman announced this intention and the petitioner
agreed to this procedure. The hearing was not commenced until after the
time posted for the latter of the two hearings.
The parcel in question is a 3.10 acre lot on the North side of Route 28, in
the General Business zone. The site is presently improved with ten (10)
buildings, including the petitioner's home. The buildings were originally a
motel business, but have since been converted to a variety of business uses.
`The petitioner- has - filed with the• Board. a. plan. entitled "Plan of Land
in (South) Yarmouth, Ma. to be filed with the Land Court, Petitioner:'Nick-:'_
inello Realty Trust", dated July 1985, and prepared by Down cape Engineer-
ing. For purposes of these petitions, the buildings in question are
referred to as (1) Building "C", which is the building located most closely
to the'middle of the lot, in the middle of the second row of structures, and
(2) the former "Moose Lodge" building, which is the second building near to
the Westerly boundary of the lot.
The petitioner requests (#3144) a Special Permit per Section 103.2.1 to con-
vert Building C to a two (2) unit residential use, and (#3143) a Special
Permit and Variance to convert the former "Moose Lodge" building into three
(3) residential units.
The petitioner represents that Building C was formerly a residential use,
but was most recently operated as a pet shop. She now wishes to have two
(2) apartments in the building, for year-round residential rental. No sub-
stantial structural alterations of the building will be required. The
petitioner understands that Occupancy Permits and Board of Health septic
system approvals will be required.
The petitioner represents that the "Moose Lodge" building was formerly motel
units, but is now one large room, most recently occupied by the Moose
Lodge, but now vacant. she proposes to partition it into three (3) stu-
dio -type apartments, each to have a Kitchenette. The units would be offered
for year --round residential occupancy. The petitioner understands that
Building and occupancy Permits, as well as Board of Health approval, will be
required. No exterior structural alterations are proposed, other than new
-doors and windows, as may be -required.
The Board received a memorandum from the Health Agent, expressing concerns
'for the septic system situation at this site, as well as environmental con-
cerns for adjacent wetlands and water sources. since this Board is satis-
fied that the petitioner will have to seek and comply with a full Board of
Health review of this project, it was not felt that a delay in this Board's
proceedings was needed in order to protect these concerns.
Concerns were expressed by some Board members that this site already pre-
sented a substantial non -conforming and undesirable development, from a
zoning perspective. As proposed by the petitioner, the site would have one
residential home, plus seven (7) residential units, two (2) restaurants, and
six (6) other businesses. ,
other members felt that this was an existing site, that should be used in
the most appropriate manner in order to avoid further problems which would
result from decay and or unprofitable uses. It is apparent that in the
foreseeable future, this entire site will probably be completely rehabili-
tated or reconstructed, due to market pressures, etc. The petitioner tended
_ to agree with this prediction, but had no specific timetable or proposal.
After further discussion, a Motion was made by Mr."'Neitz;,seconded by -Mr.
Richards, to grant only so much of these petitions as requested two (2)
Special Permits to allow changes of use of these two particular structures,
so as to allow two (2) residential units in Building C, and to allow two (2)
one -bedroom residential units in the former "Moose Lodge" building. Mr.
Lindquist, Mr. Heitz, Mr. Richards, and Mr. Brenner voted in favor of the
Motion, Mr. Reid voted against the Motion. The Special Permits were there-
fore granted.
Appeals from this decision shall be made pursuant to ss17 c40A and must be
filed within 20 days after the filing of this notice/decision with the Town
Clerk.
David S. Reid, Clerk
Board of Appeals